There is nothing as painful as the death of a loved one. But emotions can double when another person’s negligence causes such an unfortunate event. Under such circumstances, the stress can only be eased by a professional attorney. They do it by either negotiating a settlement or opting to pursue a lawsuit. However, finding the best wrongful death attorney might be one of the hardest tasks that you might have to deal with. If you have lost a loved one and need the services of a wrongful death attorney, we are here to help you.
Filing the Claim
The process of filing a claim for wrongful death is not only difficult, but also time consuming and complex. That is one of the reasons why we recommend the family members of wrongful death victims to come to us for professional services. In most instances, the burden of proof falls right on the family of the victim as well as their legal counsel. Proof of a wrongful death is based on breach of duty, due care, actual damages and causations.
The first stage in filing a wrongful death claim is confirming if the accused had due care. This is basically a duty that a person has to ensure that another person is kept safe, stay away from causing harm to another person, or both. When the judge proves that there was due care, the plaintiff will then be forced to gather evidence to show that the defendant breached their responsibility.
Proving causation is inseparable with the breach of responsibility and due care. The plaintiff must be able to show that the entity or person who breached due care is the real cause of the death of the loved one.
It is also important to note that claiming wrongful death compensation would require those filing the suit to be able to provide proof that the damages caused cost the family in terms of finances. They must show a level of hardship to be able to get financial reward for the claim. There are different causes of wrongful death and this can also impact on compensation.
Who Can File a Claim?
Through most states’ intestacy laws, several states allow surviving members of the family to inherit money. The intestacy laws are used to determine what happens to a person’s estates if they pass away without a will.
Because of that, a person’s spouse, children, parents or even close next of kin may be allowed to file a wrongful death claim. To add on that, a personal representative that is appointed by the court may also be allowed to file a claim.
Here for you!
At our legal company, our wrongful death attorneys have assisted countless families seek justice and compensation after the loss of a loved one. We are able to assist you pursue recovery for medical bills, funeral expenses as well as the burial expenses. Our lawyers are also able to help you when it comes to seeking recovery for mental anguish, loss of benefits and income among many others.
If you have lost a loved one, our offices are open for you. You will have a free consultation with one of our professional wrongful death attorney.